Limited Recourse Loan Agreement for South Africa

Limited Recourse Loan Agreement Template for South Africa

A Limited Recourse Loan Agreement under South African law is a specialized financing document where the lender's recourse is limited to specific assets or cash flows rather than the borrower's general assets. This agreement, governed by South African law including the National Credit Act and Companies Act, details the terms of the loan, the specific assets or rights that serve as recourse, interest rates, repayment terms, and enforcement mechanisms. It includes comprehensive provisions defining the limited recourse nature of the facility and the specific circumstances under which the lender can enforce their rights against the designated assets.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Limited Recourse Loan Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Limited Recourse Loan Agreement?

The Limited Recourse Loan Agreement is primarily used in project finance and asset-based lending transactions where lenders agree to limit their recourse to specific assets, cash flows, or collateral rather than the borrower's full asset base. This type of agreement is particularly common in infrastructure projects, real estate developments, and other large-scale financing arrangements in South Africa. The document must comply with South African banking and security laws, including the National Credit Act and Financial Intelligence Centre Act. It typically includes detailed provisions regarding the loan facility, interest calculations, repayment terms, security arrangements, and most importantly, explicit limitations on the lender's recourse rights. This structure allows borrowers to ring-fence certain assets or projects while providing lenders with clear rights over specific collateral.

What sections should be included in a Limited Recourse Loan Agreement?

1. Parties: Identification of the lender(s) and borrower(s), including registration details for corporate entities

2. Background: Context of the loan arrangement and description of the limited recourse nature of the facility

3. Definitions and Interpretation: Definitions of key terms, including specific definitions related to limited recourse assets and interpretation rules

4. The Facility: Details of the loan amount, purpose, and availability period

5. Limited Recourse Nature: Explicit provisions defining the limited recourse nature and identifying the specific assets against which recourse is available

6. Drawdown: Conditions and procedures for drawing down the loan

7. Interest: Interest rate, calculation methods, and payment provisions

8. Repayment: Repayment terms, including scheduled repayments and final maturity

9. Security: Description of security over the limited recourse assets

10. Representations and Warranties: Standard and specific representations regarding the limited recourse assets

11. Covenants: Positive and negative undertakings, including specific covenants relating to the limited recourse assets

12. Events of Default: Default triggers and consequences, modified to reflect limited recourse nature

13. Enforcement: Rights and limitations on enforcement against the limited recourse assets

14. Payments: Payment mechanics, currency, and tax provisions

15. Changes to Parties: Assignment and transfer provisions

16. Notices: Communication procedures between parties

17. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction

18. Execution: Signature blocks and execution formalities

What sections are optional to include in a Limited Recourse Loan Agreement?

1. Security Trustee: Required when there are multiple lenders and a security trustee structure is used

2. Intercreditor Provisions: Required when there are multiple creditors with different rankings

3. Cash Waterfall: Used when there is a specific priority of payments from the limited recourse assets

4. Account Bank Provisions: Required when specific bank accounts are established for managing the limited recourse assets

5. Hedging Obligations: Include when interest rate or currency hedging is required

6. Tax Gross-up and Indemnities: Detailed tax provisions if cross-border elements exist

7. Increased Costs: Provisions for regulatory changes affecting lenders, if applicable

8. Agency Provisions: Required when a facility agent is appointed for multiple lenders

What schedules should be included in a Limited Recourse Loan Agreement?

1. Schedule 1 - Definitions: Detailed definitions and technical terms

2. Schedule 2 - Conditions Precedent: List of required documents and conditions for initial drawdown

3. Schedule 3 - Form of Drawdown Request: Template for borrower to request loan disbursements

4. Schedule 4 - Limited Recourse Assets: Detailed description and/or listing of the limited recourse assets

5. Schedule 5 - Repayment Schedule: If applicable, detailed repayment dates and amounts

6. Schedule 6 - Security Documents: List and copies of security documents over limited recourse assets

7. Schedule 7 - Form of Transfer Certificate: Template for transferring loan participations

8. Schedule 8 - Payment Mechanics: Detailed payment procedures and account information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking & Finance

Infrastructure

Real Estate

Mining

Energy

Project Finance

Aviation

Shipping

Construction

Renewable Energy

Oil & Gas

Technology

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Finance

Project Finance

Credit

Operations

Transaction Management

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Project Finance Manager

Transaction Manager

Risk Manager

Corporate Lawyer

Banking Lawyer

Project Manager

Treasury Manager

Investment Officer

Credit Risk Officer

Compliance Officer

Financial Controller

Corporate Finance Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Commercial Loan Contract

A South African law-governed agreement establishing terms for commercial lending between a financial institution and a business borrower.

find out more

Hire Purchase Agreement For Motorcycle

A South African law-governed agreement for the purchase of a motorcycle through installment payments, with ownership retention by the seller until full payment.

find out more

Hire Purchase Agreement Motor Vehicle

A South African law-compliant Hire Purchase Agreement for motor vehicles, governing installment-based vehicle purchases with retention of ownership until final payment.

find out more

Business Investment Loan Agreement

A South African law-governed agreement establishing terms and conditions for a business investment loan, including loan amount, interest rates, repayment terms, and security arrangements.

find out more

Auto Loan Promissory Note

A South African law-governed promissory note documenting a vehicle loan agreement with associated security and payment terms under the National Credit Act.

find out more

Facility Agreement Loan

A South African law-governed agreement establishing terms and conditions for a loan facility, including amount, interest, repayment terms, and security arrangements.

find out more

Computer Equipment Loan Agreement

A South African law-governed agreement for the temporary loan of computer equipment, establishing terms, conditions, and responsibilities between lender and borrower.

find out more

Sellers Finance Agreement

A South African legal agreement where the seller provides direct financing to the purchaser, combining sale and credit terms in compliance with local credit legislation.

find out more

Master Securities Loan Agreement

A South African law-governed agreement establishing terms for securities lending transactions between financial institutions, including collateral, margin, and regulatory requirements.

find out more

Hand Loan Agreement

A South African legal document formalizing a loan agreement between parties, typically for private lending, outlining loan terms and conditions in accordance with local law.

find out more

Co Financing Agreement

A South African law-governed agreement establishing terms and conditions for multiple lenders to jointly provide financing, including rights, obligations, and security arrangements.

find out more

Litigation Funding Agreement

A South African law-governed agreement establishing terms for third-party funding of legal proceedings, including funding commitments, success fees, and risk allocation.

find out more

Owner Finance Vehicle Contract

A South African law-governed agreement combining vehicle sale and owner-provided financing terms, compliant with National Credit Act requirements.

find out more

Loan Facilitation Agreement

A South African law-governed agreement establishing terms between loan facilitators and lenders for loan origination and management services.

find out more

Royalty Financing Agreement

A South African law-governed agreement establishing terms for royalty-based financing, including payment terms, calculations, and regulatory compliance requirements.

find out more

Loan Participation Agreement

A South African law-governed agreement establishing terms for a participant's acquisition of an interest in a loan facility, including risk-sharing and administrative arrangements.

find out more

Overfacility Agreement

A South African law-governed agreement establishing terms for additional credit facilities provided by a financial institution to a borrower beyond existing arrangements.

find out more

Loan And Mortgage Agreement

A South African law-governed agreement establishing terms for a property-secured loan, combining lending provisions with mortgage security arrangements.

find out more

Hire Purchase Agreement For Car

A South African law-governed agreement for the purchase of a vehicle through installment payments, with the seller retaining ownership until full payment is made.

find out more

Film Financing Agreement

A South African law-governed agreement establishing terms and conditions for film production financing, including funding structure, security arrangements, and regulatory compliance requirements.

find out more

Vehicle Payment Plan Agreement

A South African law-compliant agreement governing the purchase of a vehicle through scheduled payments, detailing financial terms and ownership conditions.

find out more

Vehicle Finance Contract

A South African law-compliant agreement for vehicle financing between a credit provider and customer, outlining terms of credit, vehicle details, and security arrangements.

find out more

Undertaking Loan Agreement

South African-compliant loan agreement establishing terms for lending money, including repayment conditions and borrower undertakings.

find out more

Trade Finance Facility Agreement

A South African law-governed agreement establishing terms for trade finance facilities between a financial institution and corporate borrower, including facility structure, utilization, and compliance requirements.

find out more

Seller Financing Real Estate Contract

A South African law-compliant agreement for property sale with seller-provided financing, combining real estate transfer and credit provision terms.

find out more

Master Loan Agreement

A South African law-governed framework agreement establishing terms and conditions for ongoing lending arrangements between a financial institution and borrower.

find out more

Margin Loan Agreement

A South African law-governed agreement establishing terms for lending against securities as collateral, with provisions for margin maintenance and regulatory compliance.

find out more

Installment Loan Agreement

A South African law-governed agreement setting out terms for a loan repayable in installments, compliant with the National Credit Act.

find out more

Financial Support Agreement

A South African law-governed agreement establishing terms for financial support between parties, including payment terms, obligations, and compliance requirements.

find out more

Financial Assistance Agreement

South African law-governed agreement establishing terms for providing financial assistance, compliant with the National Credit Act and financial sector regulations.

find out more

Car Installment Agreement

A South African law-compliant agreement for vehicle purchase through installment payments, detailing financial terms, obligations, and ownership conditions.

find out more

Bridge Financing Agreement

South African law-governed agreement for temporary financing arrangements, typically used as interim funding until permanent financing is secured.

find out more

Auto Finance Contract

South African vehicle financing agreement that establishes terms for vehicle purchase financing under National Credit Act requirements.

find out more

Municipal Lease Purchase Agreement

A South African law-governed agreement enabling municipalities to acquire assets through lease-to-own arrangements while ensuring compliance with municipal finance regulations.

find out more

Vehicle Finance Agreement

A South African law-governed agreement setting out terms for vehicle financing, compliant with the National Credit Act and Consumer Protection Act.

find out more

Loan Payoff Agreement

A South African law-governed agreement that documents the terms and conditions for settling and terminating an existing loan, ensuring compliance with local credit legislation.

find out more

Mortgage Bond Agreement

A South African law-governed security agreement creating a mortgage bond over immovable property to secure a loan or other obligation.

find out more

Master Asset Finance Agreement

A South African law-governed master agreement establishing terms for multiple asset financing transactions between a finance provider and customer.

find out more

Development Credit Agreement

A South African law-governed agreement for providing credit facilities for development projects, incorporating local regulatory requirements and development objectives.

find out more

Small Credit Agreement

A South African law-governed credit agreement for small loans, compliant with the National Credit Act, documenting terms between a credit provider and consumer.

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now